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(영문) 수원지방법원 2018.02.14 2017가단27415

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from July 16, 2016, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 15, 2016, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that the Plaintiff shall lease the instant real estate to the Defendant by setting the deposit amount of KRW 5,000,000, monthly rent of KRW 550,000 (after February 15, 2016), and the period from February 15, 2016 to February 14, 2018 (hereinafter “instant lease agreement”).

B. Meanwhile, in the event that the amount of the rent in arrears reaches two months at the time of the instant lease agreement, the lessor may immediately terminate the lease agreement, and the Defendant paid only five percent of the rent to the Plaintiff by July 2017, and did not pay the remainder.

C. Upon the service of the duplicate of the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in payment for the two-year period, and the duplicate of the instant complaint reached the Defendant on September 19, 2017.

[Grounds for Recognition: Facts without dispute, entry in Gap evidence 1-3 (including branch numbers, if any) and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the instant lease agreement was terminated on September 19, 2017, when the copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent reaches the Defendant.

B. Therefore, the Defendant, a lessee of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, a lessor, and to pay KRW 50,000 each month from July 16, 2017 to the completion date of delivery of the instant real estate as rent or rent, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.